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What Federal and State Agencies Regulate Workplace Safety in the Construction Industry?
Due to the rapid growth Texas has experienced in the commercial and residential sectors over the last few years, there has been a greater demand for construction workers. However, construction jobs are among the most hazardous occupations in the state and country, and accidents can occur easily. Fortunately, there are federal and state agencies that oversee workplace safety concerns.
The Occupational Safety and Health Administration (OSHA) is a federal agency within the U.S. Department of Labor, established to establish and enforce workplace safety standards. OSHA also offers training and other programs to help prevent workplace accidents.
Additionally, the Texas Department of Licensing and Regulation (TDLR) is a state-run agency that also enforces safety regulations on job sites. The TDLR ensures compliance with OSHA regulations, as well as those unique to construction activities in Texas. If you have been injured in a construction accident, contact Moises Morales Law today to schedule a free consultation to determine your legal options.
What are Common Safety Violations That Occur on Construction Sites?
OSHA and the TDLR have specific regulations in place to prevent construction accidents. Although these federal and state agencies are diligent in their efforts to prevent accidents, they still occur daily, unfortunately. Some of the most common violations include:
Fall Protection
Falls are one of the most commonly reported accidents on construction sites. Often, employers violate safety regulations by failing to provide adequate safety equipment, such as safety nets, harnesses, or adequate guardrails, which can quickly lead to severe injuries or death.
Scaffolding and Ladders
Construction companies are obligated to maintain their scaffolding and ladder equipment to prevent injuries. However, all too often, employers fail to replace outdated, worn-out equipment, which can easily break down over time. Other violations include overloading scaffolding or failing to provide workers with proper training on how to safely set up scaffolding and ladders.
Personal Protective Equipment
Safety regulations require employers to provide construction workers with appropriate Personal Protective Equipment (PPE). Failure to provide workers with necessary equipment, such as hard hats, gloves, safety glasses, and protective footwear, can be considered a flagrant safety violation.
Unfortunately, many other types of safety violations routinely occur on job sites that can lead to injuries, including electrical hazards, lack of employee training, and workers being hit by falling or swinging objects. If you need more information about workplace safety violations, it is best to consult a construction accident lawyer who can answer your questions
Are There Consequences for Employers Who Violate Safety Standards?
Texas employers who violate federal and state safety standards can face harsh consequences. One of the most significant penalties includes hefty OSHA fines, which can reach as high as $165,514 for willful or repeated violations. Even a minor violation can result in a fine totalling $16,550 per incident or the same amount per day for failing to correct the safety hazard by a specific deadline.
Other consequences include:
- Increased insurance premiums
- Legal fees resulting from lawsuits
Workers Compensation
Workers who have been injured on construction sites due to their employer’s negligent actions may be able to file workers’ compensation claims. However, because workers’ compensation is not mandatory for private sector employers, the construction company could face a lawsuit.
Although the vast majority of construction industry employers have workers’ compensation insurance, many still do not. Construction workers should always seek legal representation after being injured on the job. Consulting a personal injury attorney is the most effective way for employees who have been hurt on the job to understand their legal rights and how to pursue compensation.
How Does an Employer’s Negligence Affect a Construction Accident Claim?
Just as with all personal injury cases, an employer’s negligence can have a significant bearing on an accident claim. All employers are obligated to exercise reasonable care to prevent job-related injuries. If the employer fails to take the necessary precautions to prevent injuries from occurring, the injured worker may be able to file a workers’ compensation or personal injury claim.
It is worth noting that to obtain compensation for an injury claim, the injured worker must be able to prove that their employer’s negligence directly caused their injuries. For example, suppose a worker fell and injured themselves because the scaffolding they were standing on broke. To claim compensation, the injured worker must prove that their employer failed to exercise reasonable care in replacing the outdated equipment and is therefore negligent.
Once negligence is established, the injured worker can seek compensation to pay for damages, including lost wages, medical expenses, and pain and suffering. Because Texas subscribes to a comparative negligence doctrine, injured employees can still recover damages as long as they are found to be 50% or less at fault for the accident. However, insurance companies and their legal teams often attempt to use this law to blame victims, thereby denying or reducing claims. That being the case, anyone injured on the job must seek legal counsel immediately.
How Can a Construction Accident Lawyer Help Me Recover Compensation?
If you have suffered an on-the-job injury, a construction accident lawyer can assist you with filing a claim to recover compensation. The first step is to meet with an accident lawyer who will professionally evaluate your case. An injury lawyer is familiar with the federal and state regulations that govern job site safety and can quickly identify workplace violations.
Additionally, construction companies face numerous lawsuits annually, and their insurance companies employ skilled attorneys who work diligently to deny claims, thereby protecting their bottom line. Contact Moises Morales Law today at 346-590-6665 to schedule a free initial consultation, during which we can discuss your legal options.
